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Monday, 16 August 2010

Process patent infringement: reversing the burden of proof

In "Reversal of burden of proof: a tough nut to crack", Aaradhana Sadasivam (KhattarWong, Singapore) seeks to compare the mechanisms relating to proof of infringement in cases involving process patents in terms of the national laws of Malaysia, the UK, Singapore, India and USA, as well as under the World Trade Organization's TRIPS Agreement. The abstract of her article for the Journal of Intellectual Property Law & Practice (JIPLP), which is not yet published in paper format but which is already available online to subscribers, is as follows:

"Legal context: During process patent infringement proceedings, patentees intending to invoke reversal of burden of proof are required to satisfy a number of conditions before invoking the provision.

Key points and practical significance: Patentees can only invoke the provision once the prescribed conditions have been duly satisfied. Process patentees need to carefully consider the conditions before invoking the provision, as invoking the provision of reversal of burden of proof can prove to be a monumental task in view of the conditions and circumstances entailing their process patents".

If you're not a subscriber to JIPLP and can't sweet-talk the author into letting you have a copy, you can still click here and scroll down to purchase short-term access.